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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26548
Experience:  16 yrs. of trial experience
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In NJ we had a pool renovation in 2011....never changed the

Customer Question

In NJ we had a pool renovation in 2011....never changed the size. Just updated the pavers and electrical. The contractor took out two permits....one for electrical and the other for pavers. When we attempted to set up a permit re-inspection for a new pool fence (could not open the pool till the fence was re-inspected)....we were told we had two outstanding permits that were never re-inspected and approved. One for the electrical on the pool and the other on the paver installation. I have attempted to contact the people who did the pool work and inform them of the situation...and nothing. What is my recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand...it sounds like you paid the contractors for the work. They did the work...but never took the time to have the work inspected...is this correct?

And if so, is there an issue with the inspection? Is there some issue with the work that is limiting the county / city from certifying the job as complete?
Customer: replied 1 year ago.
Yes...the contractors never took the time to have or effort to contact the town of Montvale to complete the inspection....as to continue and sign off. They put the pavers OVER the electrical work done and both have to be inspected. An electrician told me the pool could not be inspected till it was open....and we cannot do that till we get "signed off" on the pool enclosure fence (which was damaged during storm Sandy). The two town inspectors are coming next Friday 24th between 8am and 1 pm......but cannot get a hold of the pool contractor. It has been since 2011 and are there any penalties and I do not know what they will find or if they will make us rip up all the work we did. I hope this gives you some further information. Is the contractor legally liable for any of this. I had no idea that these permits were outstanding (electrical and pavers) until I called for the re-inspection on the pool fence. What do you think I should do? The town inspector told me there would be electrical questions and I cannot get the electrician the pool contractor used to show up either. I just cannot believe any of this.
Expert:  P. Simmons replied 1 year ago.
Thank you

Yes Ma'am the contractor is liable

But I do have a few more questions

1. Did the contractor pull the original permits? Or did you?

2. Is this contractor licensed in NJ?

3. You mention an electrician...did you contract with them separately? Or did the pool contractor contract with the electrician?
Customer: replied 1 year ago.
To answer your questions.....

(1) The contractor DID pull the original permits in September of 2011.

(2) The contractor (pool company/contractor) hired the electrician that they work with. We did however receive a separate bill from the electrician (which we paid).

I am at a loss what to do now. I feel like a zeplin in a windstorm.
Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

The good news (if there is good news), the contractor is liable for this. When you hire a contractor, you can require the contractor to perform, as described, in the contract. That is where the name comes from...

And part of contract law is that both parties operate "in good faith"

What you describe? The contractor did not complete the job.

It sounds like they started off ok...they pulled the permits, hired the proper subcontractors, and did the work you requested.

But part of the process is to ensure that the work is performed according to code. That is why they have a license in the state (well, one of the reasons)...to ensure they understand how the permit process works.

What you describe, it sounds like they forgot about clearing the work...about the final inspection to ensure the job meets code. This was their responsibility, not yours.

So they are liable for the damages.

And if they will not solve the problem? You can sue them and recover the money you have to pay to fix this yourself.

But you will need to track them down...

What you describe? You have a great case for "breach of contract"

But to sue them, you have to first find them.


Assuming they are still in business, or assuming you can track down the owner who did the work, you can sue them in small claims court for the money you must now spend to hire another contractor to come out and "clean this up"...it sounds like you may need to pull some pavers to ensure the electrical meets code. So any cost associated with getting the worked cleared by the inspector, that would be your "damages" and you can sue to recover that money.

I would sure try and track down what happened to that contractor. IF you contact he state licensing board they can tell you contact info if he is still licensed.

Otherwise, you may need to do some investigative work...perhaps even hire an investigator to track them down.

BotXXXXX XXXXXne: you have a case...you can force the contractor, under contract law, to pay for your loss here...once you track them down.

Let me know if you have more questions...happy to assist if I can

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26548
Experience: 16 yrs. of trial experience
P. Simmons and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so very much. I so do not need this aggravation! But your advice has been most helpful.
Expert:  P. Simmons replied 1 year ago.
You are welcome Ma'am, best of luck with this fight

PHil

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